Tennessee Supreme Court Upholds Dismissal of Spouse's Loss of Consortium Claim in the Claims Commission Because Notice of It Was Not Submitted Before Complaint Was Filed as Required by Statute

The Tennessee Supreme Court has released its opinion in Kampmeyer v. State, No. M2019-01196-SC-R11-CV (Tenn. Jan. 13, 2022).  The slip opinion reads:

This case involves claims against the State of Tennessee asserted by a husband and wife. The claimant husband suffered injuries when his car collided with a Tennessee state vehicle parked in the roadway. He gave written notice of his claim to the Tennessee Division of Claims and Risk Management. The Division did not resolve it, so the Division transferred the claim to the Tennessee Claims Commission. The husband and wife then filed a complaint with the Claims Commission. The complaint contained a loss of consortium claim by the wife that was not in the written notice the husband gave to the Division of Claims and Risk Management. The Claims Commission complaint was filed within the applicable one-year statute of limitations. The Claims Commission granted the State’s motion to dismiss the wife’s loss of consortium claim as time-barred because she did not give the Division of Claims and Risk Management written notice of her claim within the limitations period. The Court of Appeals affirmed. The claimants appeal, relying on the holding in Hunter v. State, No. 01-A-01-9210-BC00425, 1993 WL 133240 (Tenn. Ct. App. Apr. 28, 1993), that a complaint filed with the Claims Commission within the statute of limitations fulfills the requirement in Tennessee Code Annotated § 9-8-402(a)(1) that claimants give timely written notice of their claim against the State to the Division of Claims and Risk Management. We reject this argument, overrule Hunter v. State, and affirm the Claims Commission’s dismissal of the wife’s claim for loss of consortium

Here is a link to the opinion:

https://www.tncourts.gov/sites/default/files/majority_opinion_14.pdf.

NOTE: This decision offers a good reminder of the importance of properly presenting a claim to the Tennessee Division of Claims and Risk Management when it comes to a spouse's loss of consortium claim.  Although such a claim is derivative of the injured spouse's claim, it must still be presented for presuit review just like the injured spouse's personal injury claim; if it is not, it will be subject to dismissal due to failure to comply with the statute,